ITL, chapter 1
Chapter 1, Foundations
Chapter 1, Foundations
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Cartes-fiches
What is the Westphalian duo ?
Made of national law and international public law
Explain the resistance movement against codification.
Under the leadership of Von Savigny, a law professor in Berlin, it was said that the national law reflected the spirit of that nation. So codification would fossilize the law, and the connection between the law and the spirit of the people would be lost.
What are the possible interpretation of the law?
1) The Literal Rule or Grammatical Interpretation (rules should be interpreted literally)
2) The Mischief Rule or Legislative Intent (if a legal decision maker gives the rule an interpretation that makes it suit the intention of the legislator)
3) The Golden Rule; Purposive or Teological Interpretation (determine the purpose of the rule himself)
4) The Lawyer's Toolbox (makes his own value judgement and bases his interpretation of the rule on this value judgement)
Which legal families are there ?
1) common law family (England, Wales, Ireland)
2) civil law family
-French family (France, Belgium, Spain, Portugal )
-German family (Germany, Austria, Switzerland )
-both (Italy, the Netherlands, Poland)
3) both ( Scotland )
Mention three kind of transnational law.
1) Human Rights (because they are protected by international treaties) Ius Cogens, a set of peremptory norms of international law
2) European Union Law (the member states of the EU and their legal subject are bound by a legal system that is neither the system of a nation state or a system that regulates the mutual relations between nation states)
3) Lex Mercatoria (a set of rules created by merchants to regulate their mutual dealings)
What is transnational law ?
A law that is not made or not enforced by national states or that is not meant for the regulation of behaviour of legal subjects within nation states to the mutual relations between nation states.
